Legal Question in Personal Injury in Texas

Re: Right to Recovery

yes call a lawyer

Re: Right to Recovery

You should hire an attorney to help you. There may be a way to recover from a 3rd party; but you cannot get pain and suffering $ from WC. If you do have a 3rd party to go against, you will have to pay WC back for $ recovered against the 3rd party. WC, however, will reduce its lien by 1/3rd to allow for attorney fees at no harm to you.

I am board certified in personal injury law. Please let me know if I can help you.

Re: Right to Recovery

If the vehicle that hit you was not owned or being operated by your employer or any of your co-employees you probably have a 3rd party action that you can pursue above and beyond your workers compensation claim. It is not simple to coordinate both of these claims and must be done correctly. The Workers' Comp carrier has 1st right to any recover (through a liability claim and\or your own PIP\UM coverage.) A lawyer is entitled to a 1\3 reduction in that fixed WC lien amount by statute under the Texas Labor Code. Because of the lien and the fact that the WC carrier will have to pay that part of the atty fees, it is to your advantage to retain a lawyer to help you with this claim. You should contact a lawyer that does both Workers' Comp AND Personal Injury. I have maintained an ongoing practice in BOTH these areas since 1991.

C. D. Cowan

Tyler, Texas